Recommended
Recommended
More Related Content
Similar to Reading Cases and Statutes.pdf
Similar to Reading Cases and Statutes.pdf (20)
Recently uploaded
Recently uploaded (20)
Reading Cases and Statutes.pdf
- 2. LEARNING OUTCOMES • Reading and finding legal materials • Finding the materials – Interpreting legal citations – Knowing where to look – Electronic or print • Reading what you have found – Understanding what you see – Effective reading techniques
- 3. Legal Sources & the Organization of Legal Materials • Primary materials – Legislation – Case law – Delegated Legislation • Secondary materials – Indexes – official reports, etc. – books • Sources of Law – Legislation (Acts of Parliament, , Subsidiary Legislation) – Cases – Custom
- 4. Types of Legislation Acts of Parliament or Statutes – introduced into Parliament as Bills – Read on this! https://www.nst.com.my/news/2017/04/227614/marathon- parliament-session-adjourned-after-almost-20-hours Delegated, subsidiary or subordinate – Sub legislations - made under the authority of a Statute Primary legislation Secondary legislation
- 5. The Legislative Process Activity By using the “SmartArt” below, list the legislative process in Malaysia: You may add/alter the diagram.
- 13. BUT… • Acts of Parliament change, frequently, as they are amended by more recent statutes. • Therefore looking at the Act as it was first published, whether in print or on the web, is hazardous. • Legal databases – LexisNexis – will give you the current form of a statute in electronic form.
- 14. Case Laws: What do cases do? • They determine the issue between the parties • They may or may not also be precedents • What is a precedent? • A case which determines a new point of law, rather than merely being an example of established law
- 15. Citations consist of The names of the parties Date Page no. Volume number Abbreviation Hunter v Canary Wharf [1997] 3 WLR 684 R. v Lynch (1965) 50 Cr. App. R. 59
- 16. Legal Abbreviations (Appendix 1) Some of the commonest law report abbreviations: • All E.R. All England Law Reports • W.L.R. Weekly Law Reports • A.C. Law Reports: Appeal Cases • Q.B. Law Reports: Queen's Bench Division • E.C.R. European Court Reports • E.H.H.R. European Human Rights Reports • Cr. App. R. Criminal Appeal Report • AMR. All Malaysian Law Reports • C.L.J Current Law Journals • M.L.J Malayan Law Journal
- 17. Looking at a case
- 18. Looking at a case (cont’d) Cases referred to Procedural history
- 19. Looking at a case (cont’d) arguments
- 20. Looking at a case (cont’d) solicitors Orders of the court Judge Court Reporter
- 21. THE END